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Topic

Misrepresentation

289 published works

  1. Taft Class Action & Consumer Insights

    Dr. Oz Suit Shows Not All Class Actions Result in Millions of Dollars

    By Michael J. Zbiegien, Jr.

    There is a public perception that class actions result in multimillion-dollar liability for the defendants. The recent settlement of Woodard v. Labrada, a case in which TV’s Dr. Mehmet Oz…

  2. Drug & Device Law

    Lack Of Proximate Cause Evidence Dooms Misrepresentation And Warnings Claims

    By Eric Alexander

    Under Fed. R. Evid. 9(b), “[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.”  In our sphere, federal courts are quite variable…

  3. Legal Profession Blog

    Legally Qualified As Obscene

    By Michael Frisch

    A Colorado attorney has been suspended for one year and one day, with six months to be served and six months and one day to be stayed upon the successful…

  4. California Employment Law Update

    At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

    By Mark Theodore, Wesley C. Shelton

    A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s…

  5. Ponzi Perspectives

    New Complaint – Andersen, et al. v. Gigapix Studios, Inc.

    By Jenny Yi

    Andersen, et al. v. Gigapix Studios, Inc. was filed in the Superior Court of California, County of Sacramento on January 13, 2022 seeking civil damages for claims of fraud and…

  6. Drug & Device Law

    Court Allows Fraud and Misrepresentation Claims to Proceed Despite the Learned Intermediary Doctrine

    By Andrew Tauber

    A federal court applying Florida law has refused to dismiss fraud and misrepresentation claims brought by a patient against a medical-device manufacturer, rejecting the manufacturer’s contention that such claims are…

  7. Property Insurance Coverage Law Blog

    Accuracy in the Application for Insurance is Necessary to Avoid Claims of Misrepresentation

    By Kyle Bugden

    We’ve all likely seen USAA’s recent commercial campaign featuring Super Bowl Champion Rob Gronkowski attempting, unsuccessfully, to obtain insurance with USAA. Although the commercials are lighthearted and humorous, they also…

  8. New Jersey Law Blog

    FTC Issues Penalty Offenses Concerning Money Making Opportunities to Hundreds of Franchise Companies

    By Tara A. Speer

    The Federal Trade Commission (“FTC”) has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they…

  9. Insurance Law Hawaii

    Motion to Strike Insurer’s New Argument Granted

    By Tred R. Eyerly

        The court granted a motion to strike the insurer's new argument that the insured had made misrepresentations in its application for the policy. Great Lakes Ins. v. Gray…

  10. Legal Profession Blog

    Misrepresentation Draws Suspension

    By Michael Frisch

     A recent notice on the webpage of the Michigan Attorney Discipline BoardAfter proceedings conducted pursuant to MCR 9.115, the panel found, by default, that respondent committed professional misconduct while employed…